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Wireless News Aggregation

Friday — February 15, 2019 — Issue No. 843

Welcome Back To The Wireless Messaging News

 

Sorry the newsletter is a day late this week. I have been away in another city helping a friend who is recovering from cancer and I have been dealing with some health problems myself. Never-the-less I hope you enjoy this issue.

I sent Tweet out about an hour ago saying that I was a day late and a dollar short.

Part Two of an article this week from our contributor Rex Lee. Don't miss it. Rex does a lot of hard work researching the facts for his articles. I believe he is an ethical and honest person.

Rex M. Lee is a privacy and data security consultant and Blackops Partners senior analyst and researcher.

 

Wireless Messaging News

  • Emergency Radio Communications
  • Wireless Messaging
  • Critical Messaging
  • Two-way Radio
  • Technology
  • Telemetry
  • Science
  • Paging
  • Wi-Fi
Wireless
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Messaging

NO POLITICS HERE

This doesn't mean that nothing is ever published here that mentions a US political party—it just means that the editorial policy of this newsletter is to remain neutral on all political issues. We don't take sides.

About Us

A new issue of the Wireless Messaging Newsletter is posted on the web each week. A notification goes out by e-mail to subscribers on most Fridays around noon central US time. The notification message has a link to the actual newsletter on the web. That way it doesn’t fill up your incoming e-mail account.

There is no charge for subscription and there are no membership restrictions. Readers are a very select group of wireless industry professionals, and include the senior managers of many of the world’s major Paging and Wireless Messaging companies. There is an even mix of operations managers, marketing people, and engineers — so I try to include items of interest to all three groups. It’s all about staying up-to-date with business trends and technology.

We are having a cold spell in Southern, Illinois

I regularly get readers’ comments, so this newsletter has become a community forum for the Paging, and Wireless Messaging communities. You are welcome to contribute your ideas and opinions. Unless otherwise requested, all correspondence addressed to me is subject to publication in the newsletter and on my web site. I am very careful to protect the anonymity of those who request it.

TIME TO HUDDLE UP

Let's get together and share ideas. Our competitors are not other paging companies, they are other technologies.

I spend the whole week searching the INTERNET for news that I think may be of interest to you — so you won’t have to. This newsletter is an aggregator — a service that aggregates news from other news sources. You can help our community by sharing any interesting news that you find.

Editorial Policy

Editorial Opinion pieces present only the opinions of the author. They do not necessarily reflect the views of any of advertisers or supporters. This newsletter is independent of any trade association. I don't intend to hurt anyone's feelings, but I do freely express my own opinions.

Prism-IPX Systems is growing and they are looking for more good software developers with communications experience. Additional information is available on their web site. Click here .

We need your help. This is probably the only weekly news source about paging and wireless messaging.

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Advertiser Index

Easy Solutions  (Vaughan Bowden)
IWA Technical Services, Inc.  (Ira Wiesenfeld)
Leavitt Communications  (Phil Leavitt)
Prism Paging  (Jim Nelson & John Bishop)
Paging & Wireless Network Planners LLC  (Ron Mercer)
Wex International Limited

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Leavitt Communications

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leavitt

Specialists in sales and service of equipment from these leading manufacturers, as well as other two-way radio and paging products:

bendix king COM

motorola blue Motorola SOLUTIONS

   
UNICATION

WE ARE STILL STOCKING AND SELLING THE UNICATION ELEGANT PAGERS

Contact us for price and availability please

Philip C. Leavitt
Manager
Leavitt Communications
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
CONTACT INFORMATION
E-mail: pcleavitt@leavittcom.com
Web Site: www.leavittcom.com
Mobile phone: 847-494-0000
Telephone: 847-955-0511
Fax: 270-447-1909
Skype ID: pcleavitt

WEX INTERNATIONAL LIMITED

Hong Kong
ONE SOURCE FOR ALL YOUR REQUIREMENTS OF PAGERS
FOR IN-HOUSE AND WIDE AREA NETWORK PAGING

POCSAG ALPHANUMERIC PAGERS TO SUIT EVERY REQUIREMENT

W8001 (4 Line/8 Line IP67 Alphanumeric Pager)

W8008 Thinnest IP67 Rated Alphanumeric Pager 4 Line/8 Line, OLED Display

W2028 (2 Line/4 Line Alphanumeric Pager)

For Trade inquiries contact:
Eric Dilip Kumar
eric@wex.com.hk

  • Available in VHF, UHF & 900 MHz Full Range Frequency Bands
  • We are OEM for Major Brand names in USA and Europe
  • We also Design and Manufacture POCSAG Decoder Boards
  • We can Design and Manufacture to customer specifications
  • Factory located in Shenzhen, China
  • Pagers have FCC, RoHs, C-Tick, CE-EMC, IC Approvals

Visit our websites for more details www.wex.com.hk

For ESPAÑOL, PORTUGUÊS AND DEUTSCH versions, please go to:
www.pagermaker.com


This illustration picture taken on April 20, 2018 in Paris shows apps for Google, Amazon, Facebook, Apple (GAFA) and the reflexion of a binary code displayed on a tablet screen.
(Lionel Bonaventure/AFP/Getty Images)

Telecom and Tech Giant Conflict of Interest and Competition Violations: Part 2


Rex Lee

Rex M. Lee

February 1, 2019 Updated: February 10, 2019


Commentary

In part 1 of this article, I discussed a conflict of interest between data-driven technology providers such as Google, Apple, and Microsoft, and telecom providers such as AT&T, T-Mobile, Verizon, and Sprint.

The conflict of interest centers on the fact that the Federal Trade Commission (FTC), Federal Communications Commission (FCC), state attorneys general, lawmakers, and telecom providers are enabling data-driven technology providers to monitor, track, and data-mine U.S. telecom subscribers by way of the subscriber’s smartphone or tablet PC.

This is tantamount to AT&T enabling numerous companies to surveil and data-mine (including content) home and office phones and PCs for financial gain.

A smartphone is an integrated cellular phone and PC. This means that a smartphone is no less significant than a home and office phone or a PC.

No individual, business professional, or government official would willingly enable multiple companies from around the world, including China, to surveil and data-mine their home and office phone or PC for financial gain. Yet this is what’s happening when it comes to the use of smartphones, tablet PCs, voice-automated products, connected products, and PCs that are supported by the Android operating system (OS), Apple iOS, and Microsoft Windows OS.


(Rex M. Lee)

It’s clear that any company that can surveil and data-mine a telecom subscriber’s personal and professional telecom-related activities will have a huge advantage over its business competition.

Companies such as Alphabet Inc. (Google) compete in many industries worldwide, yet are enabled to surveil and data-mine telecom subscribers, via smartphones that are supported by protected telecom infrastructure that’s governed by the FCC.

Consider this: If Google was a state actor, it would need a warrant from a domestic judge or the U.S. Foreign Intelligence Surveillance Court (FISC or also known as FISA) in order to lawfully surveil and data-mine a U.S. telecom-product user.

State actors such as the Chinese company Baidu are enabled, through partnerships with companies such as Google, to surveil and data-mine U.S. telecom subscribers by way of intrusive pre-installed content such as web browsers, apps, and widgets, plus other intrusive and leaky content.

The public and lawmakers need to understand that intrusive content, such as apps developed by Google, Apple, Microsoft, Samsung, Amazon, Facebook, and Baidu, are nothing more than a legal form of malware programmed to enable the app developer with the ability to surveil and data-mine the app user for financial gain.

Privacy and Cyber Security

Risks Defense contractors, business professionals, government employees, lawmakers, members of the military and law enforcement, first responders, utility workers, legal professionals, and doctors all work within a confidential and protected environment.

This means that confidential and protected telecommunications, information, and data are governed by confidentiality agreements, nondisclosure agreements, industry and federal cyber security standards, federal information-processing standards, and confidentiality laws that govern classified information, medical information, and client-attorney privilege.

Enabling companies such a Google or Baidu to indiscriminately surveil and data-mine U.S. telecommunications subscribers means that such companies can harvest confidential and protected data, which is illegal, as well as unethical, on numerous levels since Google and Baidu compete in numerous industries worldwide.

Obviously, companies such as Google, Apple, Microsoft, Amazon, Facebook, Baidu, and other tech giants have a huge competitive advantage over their existing and future competitors, stifling competition and innovation, while killing privacy and cyber security in the process.

Business professionals who work for companies that compete against the tech giants are using leaky telecommunication products that expose their confidential and protected corporate information to existing and future business competitors. These business professionals might as well be enabling the tech giants to surveil and data-mine their home and office phones and PCs for financial gain and competitive advantage.

Business professionals, for the most part, only have two choices when it comes to smartphones: Apple iPhones or products supported by the Android OS.

Because of deals between Apple and Google, business professionals who work for companies that are in competition with Google have virtually no choice but to use telecom products that leak confidential and protected telecommunications and data to Google.

Many Apple users are unaware of deals between OS developers such as Apple and Google that enable companies such as Google to surveil and data-mine Apple product users. This means that even though Apple views Google as a competitor, Apple still values Google as a customer, which reportedly pays Apple upwards of $9 billion to $12 billion a year to gain access to Apple product users.

Google and Microsoft, in turn, auction off their OS product users to the highest bidders, such as Baidu, which is a state-owned Chinese company and a Google content developer.

These types of exclusive deals between OS developers and original equipment manufacturers (OEM) are clear examples of violations of antitrust and unfair business competition, which the FTC and state attorneys general are refusing to enforce.

Additionally, BlackBerry and flip phone OEMs have adopted the Android OS, so there is virtually no option in the marketplace for a person to buy a telecom product that doesn’t leak confidential and protected telecommunications and data to Google.

In March of 2018, I tried to purchase a private, secure, and safe smartphone, tablet PC, or even a flip phone from Verizon.

Initially, Verizon said that they could sell me such a product, but after three months of vetting their so-called private, secure, and safe solutions, I proved to Verizon that all suggested solutions were not private, secure, or safe. In July 2018, Verizon agreed with my analysis of their solutions.

To my astonishment, Verizon admitted that they could not sell me a private, secure, or safe telecom product due to uncontrollable pre-installed surveillance and data-mining technology (apps, widgets, etc.) developed by Google, Apple, and Microsoft plus their affiliates such as Amazon, Facebook, and Baidu.

“We have reviewed your request at the highest levels of our organization and have confirmed that the only solutions to make a phone private and secure are available through third parties, not directly from Verizon. . . . Additionally, Verizon is not equipped to address pre-installed solutions or applications on any device,” Verizon told me on July 2, 2018.

Not only are business professionals leaking confidential and protected information to their existing or future business competitors, but they are also leaking information to nation-state companies from China, such as Baidu.

The Google–Baidu relationship should be one of the biggest news stories in tech and telecom, yet major media outlets such as 60 Minutes, CBS News, Bloomberg, The Wall Street Journal, CNN, Fox News, and The New York Times don’t report on the Google–Baidu relationship.

However, all major media outlets have no problem reporting on intrusive telecom-related surveillance and data-mining technology developed by ZTE and Huawei.

Why are the FTC, FCC, and lawmakers enabling Google to distribute telecom-related surveillance and data-mining technology developed by a nation-state company from China?

How did we get here?

Non-enforcement of Existing Laws

Lobbyists for tech giants have paved the way for companies such as Alphabet Inc. to surveil and data-mine U.S. telecommunication subscribers (individuals and businesses) and authorized device users, which include adults and children.

The former chairman of Alphabet Inc., Eric Schmidt, explained in an interview with The Atlantic in 2010 how tech giants can lawfully buy off lawmakers in Washington:

“‘The average American doesn’t realize how much of the laws are written by lobbyists’ to protect incumbent interests,” Schmidt told Atlantic editor James Bennet at the Washington Ideas Forum. ‘It’s shocking how the system actually works.’ . . . ‘Washington is an incumbent protection machine.'”

Later in the interview, Schmidt says, “Google policy is to get right up to the creepy line and not cross it.”

Due to the predatory surveillance and data-mining business practices employed by Google, I believe Google crossed the “creepy line” in the 1990s, while the company today is forcing their way into all of our lives via smartphones, tablet PCs, voice-automated products, and other connected technology such as everyday electronics that are supported by the Android OS.

These privacy and cyber security issues are not just limited to Google but are systemic to any smartphone, tablet PC, voice-automated product, connected product, and PC that is supported by the Apple iOS and Microsoft Windows OS.

Frankly, Google, Apple, and Microsoft have killed privacy and cyber security for good, due to their predatory surveillance and data-mining business practices.

Due to potential violations of existing consumer law coupled with civil liberty, privacy, cyber security, and safety threats associated with smartphones, PCs, and other connected technologies, it’s time for lawmakers to pass legislation that will protect technology product users from such companies discussed above.

It’s time for an “Electronic Bill of Rights.”

In my next article, which will be the last in this series, I’ll address the need for an Electronic Bill of Rights.

Rex M. Lee is a privacy and data security consultant and Blackops Partners senior analyst and researcher. Visit him at MySmartPrivacy.com

Views expressed in this article are the opinions of the author and do not necessarily reflect the views of The Epoch Times.

Source: The Epoch Times  

Paging Transmitters 150/900 MHz

The RFI High Performance Paging Transmitter is designed for use in campus, city, state and country-wide paging systems. Designed for use where reliable simulcast systems where RF signal overlap coverage is critical.

  • Commercial Paging systems.
  • Healthcare Paging systems.
  • Public Safety Emergency Services Paging systems.
  • Demand Response Energy Grid Management.

Built-in custom interface for Prism-IPX ipBSC Base Controller for remote control, management and alarm reporting.

  • Use as a stand-alone unit or in wide area network.
  • Mix with other transmitter brands in an existing paging network.
  • Adjustable from 20-250 watts.
  • 110/240 VAC or 48VDC.
  • Absolute Delay Correction.
  • Remote Diagnostics.
  • Configurable alarm thresholds.
  • Integrated Isolator.
  • Superb Reliability.
  • Improved amplifier efficiency.
  • Most reliable high-powered paging transmitter available.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 Email: sales@prism-ipx.com
prism-ipx.com

Back To Paging

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Still The Most Reliable Protocol For Wireless Messaging!

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Easy Solutions

easy solutions

Providing Expert Support and Service Contracts for all Glenayre Paging Systems.

The GL3000 is the most prolific paging system in the world and Easy Solutions gladly welcomes you to join us in providing reliable support to the paging industry for many more decades in the future.

Easy Solutions provides cost effective computer and wireless solutions at affordable prices. We can help in most any situation with your communications systems. We have many years of experience and a vast network of resources to support the industry, your system and an ever changing completive landscape.

  • We treat our customers like family. We don’t just fix problems . . . We recommend and implement better cost-effective solutions.
  • We are not just another vendor . . . We are a part of your team. All the advantages of high priced full-time employment without the cost.
  • We are not in the Technical Services business . . . We are in the Customer Satisfaction business.

Experts in Paging Infrastructure

  • Glenayre, Motorola, Unipage, etc.
  • Excellent Service Contracts
  • Full Service—Beyond Factory Support
  • Making systems More Reliable and MORE PROFITABLE for over 30 years.

Please see our web site for exciting solutions designed specifically for the Wireless Industry. We also maintain a diagnostic lab and provide important repair and replacement parts services for Motorola and Glenayre equipment. Call or  e-mail  us for more information.

Easy Solutions
3220 San Simeon Way
Plano, Texas 75023

Vaughan Bowden
Telephone: 972-898-1119
Telephone: 214 785-8255
Website: www.EasySolutions4You.com
E-mail: vaughan@easysolutions4you.com

Easy Solutions

IMPORTANT

“Is Paging Going Away?” by Jim Nelson

  • Click here for English.
  • Click here for German. (Berlin Revision: November 8, 2016)
  • Click here for French.

Here is an English PDF edit of this paper formatted with page breaks and suitable for printing.

Volunteers needed for translations into other languages.

GLENAYRE INFRASTRUCTURE

I would like to recommend Easy Solutions for Support of all Glenayre Paging Equipment. This Texas company is owned and operated by Vaughan Bowden. I have known Vaughan for over 35 years. Without going into a long list of his experience and qualifications, let me just say that he was the V.P. of Engineering at PageNet which was—at that time—the largest paging company in the world. So Vaughan knows Paging.

GTES is no longer offering support contracts. GTES was the original group from Vancouver that was setup to offer support to customers that wanted to continue with the legacy Glenayre support. Many U.S. customers chose not to use this service because of the price and the original requirement to upgrade to version 8.0 software (which required expensive hardware upgrades, etc.). Most contracts ended as of February 2018.

If you are at all concerned about future support of Glenayre products, especially the “king of the hill” the GL3000 paging control terminal, I encourage you to talk to Vaughan about a service contract and please tell him about my recommendation.

SUBSCRIBE HERE

Board of Advisors

The Wireless Messaging News
Board of Advisors

Frank McNeill
Founder & CEO
Communications Specialists
Jim Nelson
President & CEO
Prism Systems International
Kevin D. McFarland, MSCIS
Sr. Application Systems Analyst
Dartmouth-Hitchcock
Medical Center
Paul Lauttamus, President
Lauttamus Communications & Security
R.H. (Ron) Mercer
Wireless Consultant
Barry Kanne
Paging Industry Veteran
Ira Wiesenfeld, P.E.
Consulting Engineer
Allan Angus
Consulting Engineer

The Board of Advisor members are people with whom I have developed a special rapport, and have met personally. They are not obligated to support the newsletter in any way, except with advice, and maybe an occasional letter to the editor.

CAN YOU HELP?

Can You Help The Newsletter?

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You can help support The Wireless Messaging News by clicking on the PayPal Donate button above. It is not necessary to be a member of PayPal to use this service.

Reader Support

Newspapers generally cost 75¢ $1.50 a copy and they hardly ever mention paging or wireless messaging, unless in a negative way. If you receive some benefit from this publication maybe you would like to help support it financially?

A donation of $50.00 would certainly help cover a one-year period. If you are wiling and able, please click on the PayPal Donate button above.

Voluntary Newsletter Supporters By Donation

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Communication Specialists

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Cook Paging

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Citipage Ltd.
Edmonton, Alberta

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Click on the image above for more info about advertising here.

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Prism-IPX Systems

prism-ipx systems
Critical Messaging that works
Secure . . . Dependable . . .
and Encrypted

Who We Are

Prism-IPX is a leader in providing reliable communications systems using modern designs to meet today’s demands for critical message alerting and delivery. Prism-IPX designs versatile and robust Critical Message Management systems using paging and other wireless technologies for high performance and dependable communications.

What We Make

Prism-IPX Systems products include full-featured radio paging systems with VoIP input, IP based transmitter control systems and paging message encryption. Other options include e-mail messaging, remote switch controllers, Off-The-Air paging message decoders and logging systems.

Contact Us   left arrow

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Click on the image above for more info about advertising here.

INTERNET Protocol Terminal

The IPT accepts INTERNET or serial messaging using various protocols and can easily convert them to different protocols, or send them out as paging messages.

An ideal platform for hospitals, on-site paging applications, or converting legacy systems to modern protocols.

Input Protocols: Serial and IP
TAP TNPP SNPP
HTTP WCTP SMTP
POTS (DTMF) DID (DTMF)  
 
Output Protocols: Serial and IP
TAP TNPP SNPP
HTTP HTTPS SMPP
WCTP WCTPS SMTP
FLEX (optional PURC control)   POCSAG (optional PURC control)

Additional/Optional Features

  • Database of up to 5000 subscribers.
  • 4 serial ports on board.
  • Up to 8 phone lines (DID or POTS).
  • Can be configured for auto-fail-over to hot swap standby.
  • 1RU rack mount unit appliance—no moving parts.
  • Easily secure legacy system messages leaving site for HIPAA compliance.
  • Only purchase the protocols/options you need.
  • Add Paging Encryption for HIPAA compliance on site.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail: sales@prism-ipx.com
prism-ipx.com

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Paging Data Receiver PDR-4

The PDR-4 is a multi-function paging data receiver that decodes paging messages and outputs them via the serial port, USB or Ethernet connectors.

Designed for use with Prism-IPX ECHO software Message Logging Software to receive messages and log the information for proof of transmission over the air, and if the data was error free.

  • Option—decode capcode list or all messages.
  • Large capcode capacity.
  • Serial, USB and Ethernet output.
  • POCSAG or FLEX page decoding, special SA protocols.
  • Receivers for paging bands in VHF, UHF, 900 MHz.
  • Message activated Alarm Output.
  • 8 programmable relay outputs.
  • Send notifications of a system problem.
  • Synthesized Receiver Tuning.
  • Selectivity better than 60 dB.
  • Frequencies 148-174, 450-470, 929-932 MHz.
  • Image Rejection better than 55 dB.
  • Spurious Rejection better than 55 dB.
  • Channel Spacing 12.5 or 25 kHz.
  • Power 5VDC.
  • Receiving Sensitivity 5µV at 1200 bps.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail: sales@prism-ipx.com
prism-ipx.com

Wireless Network Planners

Wireless Network Planners
Wireless Specialists

R.H. (Ron) Mercer
Consultant
217 First Street
East Northport, NY 11731

ron mercer
Telephone: 631-786-9359
www.wirelessplanners.com left arrow
wirelessplannerron@gmail.com left arrow

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Consulting Alliance

Brad Dye, Ron Mercer, Allan Angus, Vic Jackson, and Ira Wiesenfeld are friends and colleagues who work both together and independently, on wireline and wireless communications projects.

Click here left arrow for a summary of their qualifications and experience. Each one has unique abilities. We would be happy to help you with a project, and maybe save you some time and money.

Note: We do not like Patent Trolls, i.e. “a person or company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the patents in question.” We have helped some prominent law firms defend their clients against this annoyance, and would be happy to do some more of this same kind of work.

Some people use the title “consultant” when they don't have a real job. We actually do consulting work, and help others based on our many years of experience.

“If you would know the road ahead, ask someone who has traveled it.”
— Chinese Proverb

Consulting Alliance

Remote AB Switches

ABX-1 switches are often used at remote transmitter sites to convert from old, outdated and unsupported controllers to the new modern Prism-IPX ipBSC base station controllers. Remotely switch to new controllers with GUI commands.

ABX-1

ABX-3 switches are widely used for enabling or disabling remote equipment and switching I/O connections between redundant messaging systems.

ABX-3

Common Features:

  • RJ45 for A, B and Common connectors.
  • Manual push button or use Prism IP commands to switch one or more relays.
  • Single or Dual Port Control card for IP or Serial connection.
  • Form C relay—control local connection.
  • Power Loss Indicator.
  • Rear Panel Connector for controlling the switch externally.
  • Power Source: 5VDC for ABX-1; 12VDC for ABX-3.

Prism-IPX Systems LLC.

11175 Cicero Dr., Alpharetta, GA 30022
Ph: 678-242-5290 e-mail: sales@prism-ipx.com
prism-ipx.com

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Leavitt Communications

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We can supply alphanumeric display, numeric display, and voice pagers.

We also offer NEW and refurbished Alphamate 250s, refurbished Alphamate IIs, the original Alphamate refurbished, and new and refurbished pagers, pager repairs, pager parts, and accessories. We are FULL SERVICE in Paging! Outstanding service is our goal.

E-mail Phil Leavitt ( pcleavitt@leavittcom.com ) for pricing and delivery information, or for a list of other available paging and two-way related equipment.

Phil Leavitt
847-955-0511
pcleavitt@leavittcom.com

LEAVITT COMMUNICATIONS
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253
www.leavittcom.com

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February 11 - 15, 2019

WIRELESS INFRASTRUCTURE NEWS 


Sprint Sues AT&T Over ‘Fake’ 5G Ads, AT&T Fights Back

Sprint filed suit February 7 in federal court, alleging AT&T’s new “5G Evolution” branding on its phones and networks that use 4G LTE technology is false advertising.

In the 27-page document filed with the U.S. District Court in the Southern District of New York, Sprint alleges AT&T, “has employed numerous deceptive tactics to mislead consumers into believing” its “offering a 5th generation wireless network.”

“What AT&T touts as 5G, however, is nothing more than an enhanced fourth generation Long Term Evolution wireless service, known as 4G LTE Advanced, which is offered by all other major wireless carriers,” states Sprint. Sprint alleges AT&T seeks to gain an unfair advantage in the race to 5G, “But calling its network “5GE” (or “5G E” or “5G Evolution”) does not make it a 5G network and instead deceives customers into believing it is something that it is not.”

Sprint tells the court, it’s a direct competitor with AT&T, and AT&T’s actions “threaten Sprint’s business and goodwill,” and “harms consumers.” Sprint also claims it’s lost sales as a result. It does not specify an amount in damages it seeks, stating the figure should be determined at trial.

In a statement provided to Engadget, AT&T said in response:

“We understand why our competitors don’t like what we are doing, but our customers love it. We introduced 5G Evolution more than two years ago, clearly defining it as an evolutionary step to standards-based 5G. 5G Evolution and the 5GE indicator simply let customers know when their device is in an area where speeds up to twice as fast as standard LTE are available. That’s what 5G Evolution is, and we are delighted to deliver it to our customers.”

AT&T stated further: “We will fight this lawsuit while continuing to deploy 5G Evolution in addition to standards-based mobile 5G. Customers want and deserve to know when they are getting better speeds.” AT&T also criticized Sprint’s pending $26 billion merger with T-Mobile, saying, “Sprint will have to reconcile its arguments to the FCC that it cannot deploy a widespread 5G network without T-Mobile while simultaneously claiming in this suit to be launching “legitimate 5G technology imminently.”

Asked about the lawsuit by CNBC Friday, AT&T Chairman/CEO Randall Stephenson said: “We feel very comfortable with how we have characterized the new service that we’re launching. When we go in a market … and we light up this spectrum, our customers are seeing radical increases in speed and performance on the network. This is a step that is required to get to ultimate 5G. And it’s an evolutionary step to 5G.”

Stephenson further explained: “We are characterizing this as 5GE, 5G Evolution. We obviously have done our homework. We’ve done a lot of work around how we characterize this. And we’re being very clear with our customers that this is an evolutionary step.”

Source: Inside Towers newsletter Courtesy of the editor of Inside Towers.

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BloostonLaw Newsletter

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Selected portions [sometimes more — sometimes less] of the BloostonLaw Telecom Update and/or the BloostonLaw Private Users Update — newsletters from the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP — are reproduced in this section of The Wireless Messaging News with kind permission from the firm. The firm's contact information is included at the end of this section of the newsletter.


 BloostonLaw Telecom Update Vol. 22, No. 8 February 13, 2019 

REMINDER: CPNI Reports are Due March 1

Telecommunications carriers and interconnected VoIP providers are required to file, by March 1, 2018, their annual certification documenting compliance with the FCC’s CPNI rules.

CPNI includes sensitive personal information that carriers collect about their customers during the course of their business relationship (e.g., telephone numbers of calls made and received; the frequency, duration, and timing of such calls; and any services purchased by the consumer, such as call waiting and voicemail). The FCC’s rules seek to ensure that CPNI is adequately protected from unauthorized access, use, or disclosure.

BloostonLaw has developed a compliance manual for CPNI, which is available by contacting the firm. BloostonLaw is also available to assist in filing the associated certification.

BloostonLaw Contacts: Gerry Duffy and Sal Taillefer.

Headlines


FCC to Hold Open Meeting on February 14

As we reported in a previous edition of the BloostonLaw Telecom Update, because the FCC is currently funded under a Continuing Resolution that runs through February 15, the FCC's statutorily-required monthly meeting has been moved from February 21 to February 14.

The FCC publicly releases the draft text of each item expected to be considered at this Open Commission Meeting, and one-page cover sheets are included in the public drafts to help summarize each item. These materials are linked in the summaries below; the final item considered at the meeting may differ.

  • Transitioning to CAF Phase II Auction Support in Price Cap Areas: a report and order establishing a schedule to end Connect America Fund (CAF) Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WT Docket No. 10-90)
  • Licensing Noncommercial Educational Broadcast and Low Power FM Stations: a Notice of Proposed Rulemaking that proposes revisions to the FCC's NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)
  • Elimination of Form 397: a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the FCC's rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)
  • Internet Protocol Captioned Telephone Service (IP CTS): a Report and Order, Further Notice of Proposed Rulemaking, and Order to adopt measures, and seek comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123)
  • Anti-Spoofing Provisions of RAY BAUM'S Act: a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of RAY BAUM'S Act. (WC Docket Nos. 18-355, 11-39) Open Meetings are streamed live at www.fcc.gov/live and can be followed on social media with #OpenMtgFCC.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast.

Changes to Filing Requirements for Broadcast Station Documents Effective

On February 11, the FCC issued a Public Notice reminding broadcast stations that the revisions adopted in the Report and Order of October 23, 2018 became effective January 22. Accordingly, as of January 22, stations were no longer required to file paper copies of Section 73.3613 documents routinely with the FCC.

Specifically, the October Order eliminated the requirement that licensees and permittees of commercial and noncommercial AM, FM, television, and international broadcast stations routinely file with the FCC paper copies of the station documents specified in Section 73.3613 of the FCC’s rules. However, commercial and noncommercial AM, FM, and television stations must continue to either (i) upload the documents directly to the online public inspection file (OPIF) or (ii) maintain an up-to-date list of the documents in the OPIF and provide copies to requesting parties within seven days. The Order explicitly retained the FCC’s ability to obtain Section 73.3613 documents from licensees and permittees upon request, as needed.

BloostonLaw Contacts: John Prendergast.

Chairman Pai Continues to Press for Caller ID Authentication from Carriers

On February 13, FCC Chairman Ajit Pai issued a Press Release calling for the nationwide carriers to implement “a robust caller ID authentication system to combat illegal caller ID spoofing.” As we reported in a previous edition of the BloostonLaw Telecom Update, Chairman Pai sent letters demanding that the large carriers begin providing caller ID authentication for consumers in 2019. According to the Press Release, several telecom companies—including wireless companies, traditional landline providers, and tech companies offering VoIP—outlined their plans. The carriers’ responses can be found here.

Chairman Pai indicated that he believes that wireless providers, interconnected VoIP providers, and telephone companies should make real caller ID authentication – known as the SHAKEN/STIR framework – a priority, and that major carriers can meet his 2019 goal. The SHAKEN/STIR framework is a set of protocols and a multi-phase framework in which calls traveling through interconnected phone networks would have their caller ID “signed” as legitimate by originating carriers and validated by other carriers before reaching consumers. The framework digitally validates the handoff of phone calls passing through the complex web of networks, allowing the phone company of the consumer receiving the call to verify that a call is from the person making it.

“American consumers are sick and tired of unwanted robocalls, this consumer among them. Caller ID authentication will be a significant step towards ending the scourge of spoofed robocalls. It’s time for carriers to implement robust caller ID authentication. Uniform adoption will help improve authentication throughout the network and make sure no consumer gets left behind. I applaud those companies that have committed to deploy the SHAKEN/STIR framework in 2019. This goal should be achievable for every major wireless provider, interconnected VoIP operator, and telephone company—and I expect those lagging behind to make every effort to catch up. If it appears major carriers won’t meet the deadline to get this done this year, the FCC will have to consider regulatory intervention,” said Chairman Pai.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, and John Prendergast.

Law & Regulation


Pole Attachment Presumption Rule Effective March 11

On February 7, the FCC published in the Federal Register notice that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the FCC's revised pole attachment complaint rules. The revised rule is effective March 11.

In the Accelerating Wireline Broadband Deployment Third Report and Order and Declaratory Ruling, the FCC, among other things, revised Section 1.1413 of its rules to establish a presumption that an incumbent LEC is similarly situated to an “attacher” that is a telecommunications carrier or a cable television system providing telecommunications services for purposes of obtaining comparable pole attachment rates, terms, or conditions. The FCC also established a presumption that an incumbent LEC may be charged no higher than the FCC-defined pole attachment rate for telecommunications carriers, as determined in accordance with 47 CFR 1.1406(d)(2). To rebut these presumptions, the utility must demonstrate by clear and convincing evidence that the incumbent LEC receives benefits under its pole attachment agreement with a utility that materially advantages the incumbent LEC over other telecommunications carriers or cable television systems providing telecommunications services on the same poles.

BloostonLaw Contacts: Ben Dickens, Gerry Duffy, Mary Sisak, and Sal Taillefer.

UMFUS and FSS Sharing Rules Now Applicable to 24 GHz Band

On February 7, the FCC published in the Federal Register notice that the Office of Management and Budget (OMB) has approved the information collection associated with the FCC's revised 24 GHz sharing rules. The applicability of these rules to 24GHz spectrum is now effective.

Specifically, in the Use of Spectrum Bands Above 24 GHz for Mobile Radio Services Second and Third Report and Orders, the FCC added portions of the 24 GHz band (24.75-25.25 GHz) and 47 GHz band (47.2-48.2 GHz) to the bands that are subject to the framework for sharing between the Upper Microwave Flexible Use Service (UMFUS) and the Fixed-Satellite Service (FSS) established in Section 25.136 of its rules. Therefore, the FCC expanded the scope of the rules to include additional bands and, since the rules now apply in additional bands, the number of respondents, the annual number of responses, annual burden hours and annual costs will increase for this collection. In addition, the FCC modified the sharing criteria between UMFUS and FSS to facilitate deployment of FSS earth stations in smaller markets and decrease the possibility of conflicts between UMFUS and FSS. The other rule sections previously approved this particular OMB Control Number 3060-1215 have not changed.

BloostonLaw Contacts: John Prendergast and Cary Mitchell.

FCC Fines Coal Company for Unauthorized Transfer of Control

On February 7, the FCC issued a Notice of Apparent Liability proposing a penalty of $25,000 against Lexington Coal Company, LLC (Lexington), licensee of 23 Private Land Mobile Radio Service stations (PLMRS), including WPZR865, Madison, West Virginia, for its apparent willful and repeated violation of the FCC’s rules by engaging in a substantial transfer of control of its FCC-licensed radio stations from Alpha Natural Resources, Inc. (Alpha) on October 23, 2017, without prior FCC consent.

According to the NAL, on October 23, 2017, Lexington and Alpha completed a transaction whereby Alpha conveyed real and personal properties located in Kentucky, Tennessee, and West Virginia to Lexington. These assets included licensed stations held by the following Alpha subsidiaries: Independence Coal Company, Inc.; Kingwood Mining Company, LLC; Long Fork Coal Company; Martin County Coal Corporation; Performance Coal Company; Rockspring Development, Inc.; and Sidney Coal Company, Inc.

On February 1, 2018, nearly four months after the transfer of the station licenses, the parties brought this matter to the attention of the Wireless Telecommunications Bureau (Wireless Bureau) by filing a remedial assignment of authorization application for consent to the transfer of control of the private land mobile licenses to Lexington. The application additionally sought a waiver for failure to obtain prior FCC approval for the transaction; the parties also requested the application be granted nunc pro tunc.* In an accompanying Public Interest Statement and Request for Waiver, Alpha proffered no explanation for its failure to request FCC consent prior to the transaction. The Wireless Bureau granted consent to the transfer of control on February 12, 2018, subject to the special condition that the grant does not preclude or prejudice any enforcement action related to the unauthorized assignment of authorization.

* nunc pro tunc

(nuhnk proh tuhnk) adj. Latin for “now for then,” this refers to changing back to an earlier date of an order, judgment or filing of a document. Such a retroactive re-dating requires a court order which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission or neglect which has caused a problem or inconvenience which can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). Examples: a court clerk fails to file an answer when he/she received it, and a nunc pro tunc date of filing is needed to meet the legal deadline (statute of limitations); a final divorce judgment is misdirected and, therefore, not signed and dated until the day after the re-marriage of one of the parties-the nunc pro tunc order will prevent the appearance or actuality of a bigamous marriage.

Source: The People's Law Dictionary

BloostonLaw Contacts: John Prendergast and Richard Rubino.

Industry


FCC Appoints Members to New Federal-State Joint Board on Separations

On February 8, the FCC issued an Order appointing Commissioner Geoffrey Starks to serve on the Federal- State Joint Board on Jurisdictional Separations (Separations Joint Board) and the Federal-State Joint Board on Universal Service (Universal Service Joint Board). In addition, Commissioner Starks becomes a member of the Federal-State Joint Conference on Advanced Services (Advanced Services Joint Conference) by virtue of his position on the FCC.

On February 11, the FCC issued another Order appointing John Gavan, Commissioner, Colorado Public Utilities Commission, and Dan Lipschultz, Commissioner, Minnesota Public Utilities Commission, to serve on the Separations Joint Board. Mr. Gavan’s appointment fills the position recently vacated by Wendy M. Moser, Commissioner, Colorado Public Utilities Commission, and Mr. Lipschultz’s appointment fills the position recently vacated by Travis Kavulla, Commissioner, Montana Public Service Commission.

Deadlines


MARCH 1: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2018, is due March 1. The form covers the period July 1 to December 31, 2018, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. If you do not receive the form, please contact the firm.

BloostonLaw Contact: Gerry Duffy.

MARCH 1: CPNI ANNUAL CERTIFICATION. Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for 2019. The certification must be filed with the FCC by March 1. Note that the annual certification should include the following three required Exhibits: (a) a detailed Statement Explaining How The Company’s Operating Procedures Ensure Compliance With The FCC’S CPNI Rules to reflect the Company’s policies and information; (b) a Statement of Actions Taken Against Data Brokers; and (c) a Summary of Customer Complaints Regarding Unauthorized Release of CPNI. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and file the certification with the FCC in the correct fashion. Our clients can forward the original to BloostonLaw in time for the firm to make the filing with the FCC by March 1, if desired. BloostonLaw is prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a proof-of-filing copy for your records. Clients interested in obtaining BloostonLaw's CPNI compliance manual should contact the firm.

BloostonLaw Contacts: Gerry Duffy

MARCH 1: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. This annual form is due March 1 and September 1 annually. The FCC requires facilities-based wired, terrestrial fixed wireless, and satellite broadband service providers to report on FCC Form 477 the number of broadband subscribers they have in each census tract they serve. The Census Bureau changed the boundaries of some census tracts as part of the 2010 Census.

Specifically, three types of entities must file this form:

MARCH 1: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. This annual form is due March 1 and September 1 annually. The FCC requires facilities-based wired, terrestrial fixed wireless, and satellite broadband service providers to report on FCC Form 477 the number of broadband subscribers they have in each census tract they serve. The Census Bureau changed the boundaries of some census tracts as part of the 2010 Census.

Specifically, three types of entities must file this form:

  1. Facilities-based Providers of Broadband Connections to End User Locations: Entities that are facilities-based providers of broadband connections — which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction — must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial and satellite mobile wireless service providers, BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services (e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.)
  2. Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs).
  1. Providers of Mobile Telephony Services: Facilities-based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. A mobile telephony service provider is considered “facilities-based” if it serves a subscriber using spectrum for which the entity holds a license that it manages, or for which it has obtained the right to use via lease or other arrangement with a Band Manager.

BloostonLaw contacts: Ben Dickens and Gerry Duffy.

APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) sup-port mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis ex-emption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. (Note: the revised 499-A and 499-Q forms are now available.) Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the Commission. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service.

BloostonLaw Contacts: Hal Mordkofsky, Ben Dickens, and Gerry Duffy.

APRIL 1: ANNUAL ACCESS TO ADVANCED SERVICES CERTIFICATION. All providers of telecommunications services and telecommunications carriers subject to Section 255 of the Telecommunications Act are required to file with the FCC an annual certification that (1) states the company has procedures in place to meet the recordkeeping requirements of Part 14 of the Rules; (2) states that the company has in fact kept records for the previous calendar year; (3) contains contact information for the individual or individuals handling customer complaints under Part 14; (4) contains contact information for the company’s designated agent; and (5) is supported by an affidavit or declaration under penalty of perjury signed by an officer of the company.

BloostonLaw Contacts: Gerry Duffy, Mary Sisak, Sal Taillefer.

Calendar At-a-Glance


February
Feb. 14 – Auction 101 Down Payments are due (6 p.m. ET).
Feb. 14 – Auction 101 Forms 601 and 602 are due (6 p.m. ET).
Feb. 19 – PRA comments are due on Payphone ANI Report.
Feb. 25 – Reply comments are due on State 911 Fee Report.
Feb. 25 – Reply comments on Wireless Resiliency are due.

March
Mar. 1 – Copyright Statement of Account Form for cable companies is due.
Mar. 1 – Annual CPNI Certification is due.
Mar. 1 – Final payments for Auction 101 are due (6 p.m. ET).
Mar. 8 – Comments are due on USF Overlap Auction NPRM.
Mar. 8 – FCC Form 477 (Local Competition & Broadband Reporting) is due.
Mar. 11 – Reply comments are due on Cable Rate Regulation Revision FNPRM.
Mar. 18 – Comments are due on Satellite Services Rules NPRM.
Mar. 25 – Comments are due on DBS Satellite System Licensing NPRM.
Mar. 31 – FCC Form 525 (Delayed Phasedown CETC Line Counts) is due.
Mar. 31 – FCC Form 508 (ICLS Projected Annual Common Line Requirement) is due.

April
Apr. 1 – FCC Form 499-A (Annual Telecommunications Reporting Worksheet) is due.
Apr. 1 – Annual Accessibility Certification is due.
Apr. 8 – Reply comments are due on USF Overlap Auction NPRM.
Apr. 16 – Reply comments are due on Satellite Services Rules NPRM.
Apr. 22 – Reply comments are due on DBS Satellite System Licensing NPRM.

LAW OFFICES OF
BLOOSTON, MORDKOFSKY, DICKENS,
DUFFY & PRENDERGAST, LLP

2120 L St. NW, Suite 300
Washington, D.C. 20037
(202) 659-0830
(202) 828-5568 (fax)

— CONTACTS —

Harold Mordkofsky, 202-828-5520, hma@bloostonlaw.com
Benjamin H. Dickens, Jr., 202-828-5510, bhd@bloostonlaw.com
Gerard J. Duffy, 202-828-5528, gjd@bloostonlaw.com
John A. Prendergast, 202-828-5540, jap@bloostonlaw.com
Richard D. Rubino, 202-828-5519, rdr@bloostonlaw.com
Mary J. Sisak, 202-828-5554, mjs@bloostonlaw.com
D. Cary Mitchell, 202-828-5538, cary@bloostonlaw.com
Salvatore Taillefer, Jr., 202-828-5562, sta@bloostonlaw.com

This newsletter is not intended to provide legal advice. Those interested in more information should contact the firm.

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THOUGHT FOR THE WEEK

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VIDEO OF THE WEEK

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The Playing For Change Foundation
Polar Music Prize 2019 Official Announcement

Polar Music Prize
Published on Feb 12, 2019

The Polar Music Prize 2019 is awarded to The Playing For Change Foundation dedicated to providing music and arts education to underprivileged children around the world.

In 2002, co-founders Mark Johnson and Whitney Kroenke created the Playing For Change movement from the shared belief that music has the power to break down boundaries and overcome distances between people. The organization established the foundation in 2007 as a way to give back to the communities of the musicians they met along their journey. Since then, it has grown into a global project with 15 music schools and programs around the world that have impacted the lives of over 15,000 children and their surrounding communities. The Playing For Change Foundation shows how music can be used to inspire, build bridges between people, create positive change, and conditions for peace.

Source: YouTube  

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